Marian Harkin (Sligo-Leitrim, Independent)
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12. To ask the Minister for Enterprise, Trade and Employment the protocols for employers to insist that employees work from home throughout the various levels of restrictions in place throughout the Covid-19 pandemic; if fines are in place for businesses found to be bringing employees into the workplace if they are not meant to; if the Health and Safety Authority has enforcement powers under these protocols; and if he will make a statement on the matter. [45116/20]

Leo Varadkar (Dublin West, Fine Gael)
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The Government’s Living with COVID-19 Plan recognises the need for an overall incremental approach which take account of the societal and economic impacts of the COVID-19 pandemic and the varying responses required at different times. The Plan sets out how businesses should operate at five different levels. The Country is, at present, at Level 5 and within Level 5 people should work from home unless it is absolutely necessary to attend in person.

All employees should work from home unless essential for work, which is an essential health, social care or other essential service and cannot be done from home.

I would stress, however, that, at this particular critical juncture, given the seriousness of the overall situation with COVID-19 cases across the Community and the resulting pressure on our hospital systems, it is vital that employers make provision for employees to work from home unless they are delivering an essential service as listed on www.gov.ieand cannot work for home.

As the Deputy may be aware, I issued a statement last week underlining the seriousness of this issue.

While an employer is responsible, in the first instance, for determining what work can be done remotely, employers must bear in mind that the overarching public health advice is that employees should work remotely.

Employers and workers should seek to resolve any matters relating to remote working at a local level through mutual dialogue and engagement. Where this is not possible a dispute may be referred to the State's workplace relations services for mediation or conciliation. The Workplace Relations Commission (WRC) is providing services on both a face to face and virtual basis. Advice can be obtained from the Information & Customer Service of the WRC at Lo-call: 1890 80 80 90 or 059 9178990 or from its websitewww.wrc.ie.

The Health and Safety Authority has produced a detailed guidance for both employers and employees in relation to home-working on a temporary basis during COVID-19 restrictions. This guidance will help employers to understand the requirements, and steps to take, when setting up working-from-home arrangements for employees from a health and safety perspective. The guidance is available on-line at www.hsa.ie

While the Health and Safety Authority has no role in determining which employees can work from home or not, it carries out, along with a number of other State Agencies, compliance inspections with the Work Safely Protocol. Where non-compliance with the Protocol is discovered the HSA can use various mechanisms at its disposal to ensure that the necessary measures are put in place.

Any worker with concerns about health and safety standards at their place of work can contact the Health and Safety Authority’s Workplace Contact Unit (WCU) for detailed advice including advice on compliance with the Work Safely Protocol. The WCU can be contacted by phone at Lo-call 1890289389 (landline) or (01) 6147000 or by email at wcu@hsa.ie.

I would also like to highlight the fact that there is a wide range of Government supports available to help businesses impacted by the COVID-19 crisis. Full details on financial supports, training and guidance are available on my Department’s website www.enterprise.gov.ie

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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13. To ask the Minister for Enterprise, Trade and Employment his plans to reimburse couples who have lost deposits and incurred other costs due to Covid-19 restrictions for weddings; and if he will make a statement on the matter. [1054/21]

Leo Varadkar (Dublin West, Fine Gael)
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There are no plans for the Government to reimburse couples arising from contracts that were privately entered into with wedding suppliers. The restrictions introduced to limit the spread of Covid-19 have led to the cancellation or deferral of many events and services, including weddings. In many cases where it is not possible to proceed with a wedding due to these restrictions, the couple will be able to agree on an alternative date and the question of a refund will not arise. 

Whether a couple are entitled to a refund of their deposit where it is not possible to reschedule the wedding will depend in the first instance on the terms and conditions of their contract.  Couples who find themselves in this situation should first check the terms and conditions of their contract and, in particular, the terms relating to cancellations and the refund of deposits and other prepayments. If a term of the contract provides for the refund of deposits in the event of a cancellation, the business may not subsequently change that term without the consumer’s agreement.  While I fully appreciate that businesses are facing severe financial pressures at present, they should deal fairly with consumers who find it necessary to cancel contracts for weddings and are seeking a refund of their deposits. 

The terms of standard form contracts of the kind that typically govern weddings are subject to assessment for unfairness under the Regulations on unfair terms in consumer contracts.  The aim of the Regulations is to protect consumers against the abuse of power by sellers and suppliers, in particular by means of one-sided contract terms. The Regulations provide for example that among the terms that may be regarded as unfair are terms that permit sellers or suppliers to retain sums paid by the consumer where the latter decides not to perform the contract without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract. 

The Competition and Consumer Protection Commission (CCPC) is responsible for the enforcement of the provisions of the Regulations on the control of unfair terms in standard form consumer contracts. Information on matters relating to consumer contracts, including on cancellations and refunds for weddings and other contracts, can be accessed on the CCPC website at .

The enormous disruption to commercial activity caused by Covid-19 has thrown up many difficult situations for consumers and businesses. If current consumer law proves not to have provided adequate protection for consumers in these situations, I will consider and, where justified, bring forward proposals to strengthen that law where I can do so without contravening EU consumer protection legislation. In the next couple of months, I intend to bring forward proposals for a comprehensive, consolidated Consumer Rights Bill that will set out rights and remedies for consumer contracts for goods, services, and digital content and will include proposals to strengthen the existing provisions on unfair terms in consumer contracts. This Bill will provide an opportunity to address any gaps in consumer protection revealed by the application by businesses of the terms of consumer contracts in cases arising from Covid-19.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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14. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that some construction sites are operating with thousands of workers a day; the steps he is taking to ensure compliance with Covid-19 regulations in this regard; and if he will make a statement on the matter. [1287/21]

Leo Varadkar (Dublin West, Fine Gael)
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The Work Safely Protocol set out the procedures and processes to be undertaken to ensure the safe operation of workplaces in the context of COVID-19. The Protocol is applicable to all places of work, including construction sites, whether or not these construction sites are large sites or relatively small ones. 

The Health and Safety Authority is the lead Agency in relation to checking compliance with the Protocol. From 18 May 2020 to 31 December 2020 the Health and Safety Authority carried out over 2,200inspections in the construction sector which addressed compliance with the Protocol. Inspections were carried out on a range of small to very large construction projects including projects with over 1000 employees.

The level of compliance found within the construction sector during this period has been very good and in line with the generally high level of compliance with Work Safely Protocol across all sectors. This is a positive indication that the majority of employers and employees are taking a responsible and proactive approach to compliance with the Protocol.

Levels of compliance in the Construction Sector:

- 88%of workplaces had COVID-19 measures in place.

- 80%of workplaces had COVID-19 Response plans in place.

- 76%of workplaces had a Lead Worker Rep.

The Health and Safety Authority also continues to provide advice and support to employers and employees on how best to implement COVID-19 measures in the workplace through its helpline and website. It has also developed checklists and templates for use by employers, workers and worker representatives and further material is being developed. 

In addition to the public health measures set out in the Protocol the existing Safety, Health and Welfare at Work (Construction) Regulations set out detailed measures specific to health and safety on construction sites and are designed to provide the same level of protection, responsibilities and obligations irrespective of numbers at work on the construction site.

As the Deputy will be aware, since Friday 8 January, and until the 1February, all non-essential construction work has ceased with some exceptions such as construction work on essential health projects, social housing projects, housing adaptation grant work, repair, maintenance and construction of critical transport and utility infrastructure as well as education facilities sites designated as essential by the Department of Education.

The Health and Safety Authority will continue to carry out inspections of any construction sites which are allowed to operate throughout the current Level 5 restrictions.